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Express Terms Summary 6 NYCRR Part 232

The New York State Department of Environmental Conservation (Department) is repealing and replacing existing Part 232, entitled: "Perchloroethylene Dry Cleaning Facilities," of Title 6 of the Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR). There have been a number of major changes to the dry cleaning industry since the Department's dry cleaning regulations went into effect in 1997. Accordingly, many of the requirements in Part 232 have become outdated and are, therefore, in need of revision. Additionally, the U.S. Environmental Protection Agency (EPA) classifies perchloroethylene (perc) as a likely human carcinogen; airborne exposure continues to be a public health concern to residents and commercial occupants at co-located dry cleaning facilities; spills and groundwater contamination continue to be a potential remedial problem; and occupational exposure to employees of perc dry cleaning facilities is a well-documented health issue. This rulemaking revises the existing regulation and add several new components to improve compliance and program delivery; reduce perc and alternative solvent emissions to the environment; and address advancements in technology and changes in the industry regarding the use of alternative dry cleaning solvents. This regulation applies to any entity that operates, or proposes to operate, approved alternative solvent or perc dry cleaning machines. The revised regulation is divided into four new subparts and incorporates the following modifications:

1. Subpart 200.9 Table 1, "Referenced Materials"

(a) This subpart is being amended to incorporate by reference, 40 CFR Part 63.322-324 (July 11, 2008), which is referenced in the new Part 232. The incorporation by reference of this federal law brings New York's dry cleaning regulation up to date with current federal requirements.

2. Subpart 232-1, "General Provisions":

(a) This new subpart consolidates and clarifies applicable definitions, as well as spill containment, solid and hazardous waste management, emergency response, permitting and posting notice requirements for all dry cleaning equipment; and

(b) To ensure that the public is informed, adds posting notice requirements for the use of alternative dry cleaning solvents. This new posting notice requirement is in addition to the posting notice requirements that are already mandated for the use of perc;

3. Subpart 232-2, "Perchloroethylene Dry Cleaning Equipment":

(a) To be consistent with federal law, and for ease of compliance, the requirements for perc dry cleaning equipment have been modified for consistency with the "National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities" (40 CFR Part 63, Subpart M). These modifications include incorporating the existing federal ban on the installation of perc dry cleaning machines in residential buildings after December 21, 2005 and the required removal of all perc dry cleaning machines from residential buildings by December 21, 2020. No other modifications will be required for consistency with federal law;

(b) For clarity and ease of enforcement, obsolete language that is associated with phased-out equipment has been removed;

(c) In recognition of the changes that have occurred in the dry cleaning industry, the Department's machine model certification program has been replaced with a required manufacturer's Statement of Compliance for machine models not previously certified by the Department. Statements of Compliance are to be issued by the manufacturer, or manufacturer's representative, and will affirm compliance with the proposed regulation's perc machine performance standards. After adoption, only machine models previously certified by the Department or those which have been issued a manufacturer's Statement of Compliance may be installed in New York State;

(d) To achieve greater perc emission reductions, third generation machines, which are older perc machines without an integral secondary control system, will be phased-out by December 31, 2021;

(e) To improve the enforceability of the regulation's drum concentration emission standards, the regulation bans installation of door fan control systems as a remedy for non-compliant fourth generation machines, which have both primary and secondary control systems. Door fans mask non-compliance with the emission standards and the Department believes that all machines may be restored to original operating condition, which is a better option for reducing perc emissions;

(f) To improve year-round compliance in locations where higher exposure to building residents or occupants may occur, monthly operator machine drum testing, for fourth generation perc dry cleaning machines, isrequired at co-located residential and commercial facilities; and

(g) To soften the economic impact of the impending, December 21, 2020, federal ban on the operation of perc machines at co-located residential facilities, variances will be granted to allow for the relocation of used, compliant, fourth generation perc dry cleaning machines, that are less than 10 years old, to new stand-alone locations under the same ownership.

4. Subpart 232-3, "Alternative Solvent Dry Cleaning Equipment":

(a) To establish clear and efficient regulatory requirements, an approval process is for alternative dry cleaning solvents has been included in the revised regulation;

(b) To reduce Volatile Organic Carbon (VOC) and/or species-specific contaminant emissions, all alternative solvent transfer machines will be phased-out by December 31, 2031. Transfer machines are typically older, single function, machines (e.g., washers, extractors and dryers), often without any emission control system, that have associated vapor emissions during the transfer of articles from one machine to another;

(c) To ensure that alternative solvent dry cleaning machines meet the revised regulation's design and performance standards, manufacturers are required to submit a Certification of Model Compliance to the Department for machine models that are sold, offered for sale, cause to be offered for sale, leased or installed in New York State. This certification will certify that a machine model meets the design and performance standards of the regulation and will be required one hundred and eighty (180) days after the effective date of the revised regulation. Once submitted to the department, the Certification of Model Compliance will be posted on the Department's website;

(d) To ensure that dry cleaning equipment is in good working order and to minimize potential fugitive emissions, operator leak inspection and self-monitoring requirements, operation and maintenance requirements, and record keeping requirements have been established for alternate solvent dry cleaning machines;

(e) To ensure that alternative solvent dry cleaning machines meet the revised regulation's design and performance standards, manufacturer equipment testing requirements have been established for alternative solvent dry cleaning machines; and

(f) To help offset the adverse economic impact associated with the purchase of new alternative solvent dry cleaning machines, the regulation allows the purchase and installation of used alternative solvent machines that are less than five (5) years old and certified by the manufacturer or their representative as being in a "like new" condition. Used compliant alternative solvent dry cleaning machines that are less than 10 years old may also be relocated from a permitted dry cleaning facility to any facility under the same ownership, if the facility meets all other applicable requirements and a new or modified air permit is first obtained.

5. Subpart 232-4, "Severability":

(a) In the event that any provision of this Part is held to be invalid, a severability subpart has been added to ensure that the remainder of this Part shall continue in full force and effect.

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    Division of Air Resources
    Part 232
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    Albany, NY 12233-3254
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